it is a ktvu exclusive. we have learned of a brazen armed robbery of a toll collector on the cardena bridge. good evening i'm frank somerville. >> and i'm julie haener. eric rasmussen is now along the bridge with what workers have been telling him. >> reporter: these workers did not want to go on camera. they said someone pulled up,

stole money from one of these booths and took off. california highway patrol investigators are releasing new details but confirmed what workers told us. two toll workers were robbed in the past week. the most recent one happened at 6:00 in the morning. >> it's scary. >> it is, i didn't think anybody would try that. >> reporter: investigators did not detail what surveillance video they have of the crime. it is not the first time toll collectors have been targeted. according to published reports, investigators looked at three arm robberies. nathaniel burress admitted to shooting and killing two people at the san rafael bridge.

as the time toll collectors demanded more security. though no one was hurt in the robberies, drivers say they are at danger. >> there's nobody there. i've been driving for a month and maybe i've seen one time a cop there. >> reporter: back out here live. the highway patrol declined to say whether it's stepping up security after what happened here. chp patrols say they are significantly limiting the information they are giving about the crime because they want to limit any copy cats. a delivery of girl scout cookies ended abruptly tonight because of a sink hole. a woman was driving her daughters around in lafayette and came upon the sink hole. water started rushing around her van. a broken water main caused the

sink hole. it took about an hour before crews managed to shut off the water. that van had to be towed away and the cookie delivery delayed. we will return to lafayette and hear what residents there are saying about a pair of massage parlors and how their complaints have sparked an investigation. the union of the university campuses has decided to ask its members whether they want to move forward with a series of two day rolling strikes. faculty walked off the job for one day. cal state east bay and at dominguez hill. those faculty contract negotiations have hit an impasse. sticking points include workload, class size and pay. as a result the union has decided to ask faculty if they want to authorize the two day rolling strike. the vote is expected in april. in daley city tonight, dozens of engineers joined the

picket line. they say they are supporting engineers who work at the hospital and are on strike due to failed contract negotiations. we also contacted a spokesperson for the hospital he says that is simply not true. that the hospital has offered both wage and pension increases. he says the hospital asked the union to return to the bargaining table and that the union has refused. another legal show down over same-sex marriage is in the works. late this afternoon supporters of california's proposition eight asked for a review of a ruling earlier this month that found that the marriage ban is unconstitutional. ktvu's heather holmes live with a look at the split. >> reporter: now they are asking a larger panel of 11 judges to review the ruling.

the legal victory delivered to same-sex marriage supporters two weeks ago is now being challenged. lawyers for the groups who sponsored prop eight are requesting the ninth circuit take another look. >> we decided it was in the best interest of this key and the defense of prop eight and that this really is an important opportunity for the ninth circuit to correct what is an anomalous decision by the three judge panel. >> reporter: that panel approved that the law violated the law of california. >> it's not really surprising. tate -- they could have gone either way. >> reporter: they're taking their chances with 11 randomly selected judges. >> if you get the right draw you could say a lot of conservative judges they could actually win. >> reporter: if they don't,

little says there are other potential benefits. >> another advantage they get is they get another stronghold. and slows down the process. >> reporter: all of the delays frustrate supporters of same- sex marriage. the board president of the federation for equal rights says, separate is not equal and i'm confident one day everyone will be able to enjoy the fundamental freedom to marry. it might be several weeks before we learn if the federal government grants this appeal. heather holmes. new video tonight of a shooting in richmond that killed the life of a man in his 20s. police say they got numerous calls of a shootings and found

several shell casings. authorities are not releasing the victim's name. anyone with information about this case is asked to call richmond police. in san joaquin county the bounty hunter who offered money that prompted the discovery of thousands of bones now say there are two other wells on the property. two other wells on the property contain human remain that is shermantine reportedly said were dumped there in the 80s and 90s by his partner the crime loren herzog. but padilla says shermantine says he knew nothing about the well that was excavated even though there were thousands of crimes. >> i said they found a skull. and he said we we had nothing to do with it.

>> the sheriff's department is trying to find the second well which shermantine says might contain up to 12 bodies. vanderhiten told ktvu news that dna tests have positively identified the remains as those of her 25-year-old daughter cindy. shermantine was convicted of killing her and three others. shermantine is now on death row in san quentin. just ahead, ktvu investigates the legal loophole that allows shermantine to be paid thousands of dollars for providing information about his crime. why the burden the stop prisoners like him from getting paid rests on the victim's families. ktvu's maureen naylor tells us, a few months ago santorum was barely a blip in the

forecast. >> reporter: california voters talked presidential politics over pizza. >> romney looks like the slam dunk candidate. but he seems wishy washy too. >> reporter: a poll shows mitt romney maintaining his lead with 31%. but rick santorum has surged to a strong second. ron paul also gained ground to 16% followed by newt gingrich who saw the most dramatic drop from 23% in november to 12% now. romney polled better with younger california voters who live on the coast and who are men. while santorum polled better with those who are born again christian, associated with the tea party and are women. >> seems like republican voters would prefer a new candidate. democrats thought kerry has the best chance to beat bush so the

democrats got behind kerry but never really enthusiastic about it. >> it's anybody's race at this point in my head. >> reporter: don't count out candidates such as ron paul. >> he could come in second and third in each state. but he can amass delegates each time around. he could end up with more delegates than any of the front runners right now. >> reporter: maureen naylor, ktvu. more details from the ktvu field poll. it shows more voters have grown less satisfied with the gop. you can see the numbers from last september, that's when 66% of california republicans were satisfied with the field of candidates. and 27% were not. wall street hit a major milestone today as the dow

jones industrial average briefly crossed the 13,000 mark. it show that is the last time the dow hit 13,000 was all the way back in may of 2008 before the financial crisis began. you can see how far it fell since then reaching it's low point in march of 09. since then it's been a long recovery only today did the dow finally return to that 13,000 mark. it doesn't quite close there though. here are the closing numbers. the dow was up about 16 points at the end of trading closing at 12,965. and the nasdaq closed at 2,948. over all, these numbers will have a positive effect on investors. >> it will give them a positive feeling and affect consumers in the same way numbers affected consumer confidence. the market probably would have closed above 13,000 today if not for concern about gas

prices, unemployment and the debt situation in greece. a big celebration took over the streets of new orleans as mardi gras culminated with the fat tuesday celebration. the french quarter was alive with partyers and parade floats until just a few minutes ago at the stroke of midnight when mardi gras festivities came to an end. the fat tuesday tradition represents a feast before fasting. tomorrow is ash wednesday when the 40 day catholic season of lent begins. for years, san jose has been the place to celebrate the end of mardi gras. we'll show you what's happening right now on if streets of the bay area's largest city -- on the streets of the bay area's largest city. and it's going to be a warm one. i'll be back in 10 minutes. i'll show you some totals you will be very impressed with for february. caffeine without the coffee. at 10:30, the buzz and why

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new at 10:00 it's fat tuesday and revelers have just a few more minutes to enjoy. >> there was a time when second and san fernando street was a gathering place for revelers. police are at the ready but

it's just not the same scene. the tip of the top band was belting out the blues tonight at the san jose bar and grill. people were rocking and the drinks were flowing. >> what is that? >> what does it mean for fat tuesday? is that like the day we're supposed to bing ourselves for tomorrow then quit for 40 days. >> right. >> we're all here to have a good time and party. and enjoy mardi gras. even if we're not in new orleans. mardi gras is everywhere. >> reporter: out on the street there was no resemblance to the french quarter and locals say fat tuesday in san jose is a lot quieter now. >> around 10:00 about 8 years ago, there was a riot. >> reporter: that's why there was a heavy police presence downtown tonight. san jose police had some 70 officers. the sheriff's department added another 30 deputies. >> the idea of the officers increased presence down here is to really catch the trouble

before it starts. >> reporter: the bars say they are happy that there are more police tonight. >> makes the customers feel a lot more safe. make them come out and roam around downtown and feel safe in their own neighborhood. >> reporter: a patrolling police officer just told me so far there's been no i said dent. last year -- there's been no incidents. last year there were 26 arrests, if anything was going to happen it happens around the time the bars are closing. san francisco filmore district was fill with the sounds of jazz tonight as part of the third annual fat tuesday in the filmore celebrate. the family friendly event celebrating the history of the filmore which once had a number of jazz clubs. you can visit ktvu.com and check out the carnival section to see fat tuesday photos from all over the world. a three day man hunt for a

domestic violence suspect who police say slashed his own throat is over. jose salias was caught by police. . he tried to break into his exgirl friend's house. when police arrived he cut his throat. he was mistakingly released sunday morning. many people we talked with today in the ex-girlfriend's neighborhood expressed relief the that the suspect is now back in custody. >> thank god they caught him. thank god but the lady is not here and i hope she gets the news that he's already caught. >> hernandez was booked into the hayward jail. new at 10:00 tonight, san francisco district attorney george gascon has determined that a b.a.r.t. police officer acted in self- defense when he killed a homelessman who was carrying a

knife. charles hill allegedly threw the knife at a b.a.r.t. officer on a san francisco b.a.r.t. station. one man may hold the key to san francisco cases and closure. but how much is that information worth? amber lee looks at how a convicted killer will profit from his crimes, amber. >> reporter: julie, at san quentin death row inmate shermantine is now waiting for the $33,000 he was promised in exchange for telling where he buried his victims. we wanted to find out how that was possible. san francisco has a son of sam's law. >> he could sell a $5 million

book. what it would be up to is the victim's family one of them saying, this is wrong. suing him then attaching that money and taking it away from him. >> reporter: the law does work despite laying the burden on the victim's family. >> they shouldn't have to do that. that's another revictimmization. >> reporter: mark class who's own daughter was kidnapped and killed says the law has been flawed. he says he's been following the shermantine case. he's opposed to any death row inmate profiting from his crime, but shermantine being made is a unique situation. >> so many families will find resolution from this that it's an investment that's well worth the cause. >> i spoke to the families of

wheeler and vandeheiden they both say their loved ones bodies have been identified. both say that they are grateful to padilla. a bit of a warm up today, it's mild outside tonight. temperatures will get into the low 40s. some patchy valley fog. we had it this morning, there'll be less of it tomorrow morning. those winds are already pushing off the coast. it was 70 today in santa rosa. goes to 75 tomorrow. 67 in concord today. you get into your wednesday. tomorrow goes to 75 degrees. one of the warmest days we've seen so far. it's going to feel more like april than february. i'll be back here, 10:45. go to the five day forecast with your weekend in view.

contra costa county supervisors heard feed back on a plan to build a large faith center for a small religious group. more than 100 residents gathered in downtown walnut creek for an all day hearing on the $20 million plan. the proposal includes building a sufi faith center. a bay area mother accused of being her son's get away driver. also -- >> reporter: what happens behind closed doors is raising concerns in one east bay city. the allegations that residents are making. up first another mother tarted by thieves, how she escaped gunshots while holding her baby. ♪ [ male announcer ] aggressive new styling. a more fuel-efficient turbocharged engine. and a completely redesigned interior. ♪

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new at 10:00 a robbery and attempted carjacking tonight

that has left one man with a bullet wound in his leg. the victim's niece told us someone in a car followed her family home from an outing at about 6:30 this evening. the young woman said the man got out of his car and pointed a gun at her uncle. >> he started counting for him to give him everything he had. so he hit him with the gun by his ear, on his head. >> reporter: at that point she says she grabbed her baby and an into the house. she heard a gunshot and she called police. the gunman got away. people living in lafayette are asking for action tonight. they want police to do something about a pair of massage parlors. john sasaki says they are concerned that customers are getting a lot more than just a massage. >> reporter: two massage business in lafayette are rubbing some people the wrong way. >> we're dealing with this

situation that is shady at best. >> reporter: michelle douglas lives near by. >> a lot of times you will see men putting on sunglasses and hats and jackets then walk to the accomplishment. they put their nose against the door and wait to be let in. >> reporter: the city is investigating at least four such places. >> it's difficult to ascertain for certain what's going on behind the closed doors between consenting adults. there is however evidence on the internet to suggest that indeed illegal activities are occurring. >> reporter: at classical music massage parlor the owner said he operating a legal business.

>> this customer left melody and told us he got just a massage. >> if they're not a reputable place they should be shut down. but no one offered any type of bad things. >> reporter: police say they are patrolling the areas more often and talking to the owners about the concern. a mother from san jose has been arrested for driving a get away car for her 15-year-old son. police say 42-year-old margaret suazo is wanted of attempted murder. they said that her 15-year-old son stabbed a 13-year-old boy and she drove him away afterward. police allege there maybe a gang connection. the son has also been taken into custody and police are still looking for another suspect. construction work on the upper deck of the bay bridge finished a day ahead of schedule but there were long delays this morning during the first workday commute. traffic backed up for at least a mile as drivers waited at the

metering light. it wasn't the aligned lane, instead road sensors weren't sensitive enough to detect all the cars. traffic backed up slowing the merge up to the upper deck for hours. traffic managers say they eventually had to run those metering lights manually. everything has been fixed and everything should be working fine tomorrow morning. >> at 10:45 tonight, why some people say the city is risking too much and won't benefit nearly as much as you might think from the america's cup. that morning cup of coffee. replaced by a caffeine inhaler. we investigate. also the race for the white house, the gop contenders and the big social issue that is once again dominating the discourse.

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it's caffeine that's as easy as inhauling. this is the new product. john fowler has investigated the product. how it works and at what risk in tonight's special report. >> it's a ritual for most of us, a necessity for some. >> i do like the caffeine for certain. like i take a caffeine pill, that's all i had no cup of coffee. >> you do have to brew coffee or expresso or tea and then sip it. it takes a while to get your morning shot. >> kind of stings a little bit.

>> what do you think? >> it tastes really not the best. >> reporter: called aero shot it went on sale in the east coast a little while ago. a $3 inhaler with a coffee cup of caffeine plus vitamins and flavor. >> that's interesting. >> reporter: it's unlikely to put coffee roasters out of business but it's a new twist on an old drug. >> caffeine, occurs natch occurs -- naturally in the seeds and leaves in plants. it protects them from fungus. caffeine it's a bitter white crystal and powder like this. >> if you look at other drug, we've gotten into more trouble with them as they've gotten

more concentrated and easier to use. >> reporter: california pacific medical center drug abuse expert galloway says with coffee or soda a full stomach puts the breaks on taking too much caffeine. >> this is a different way of taking it. there doesn't seem to be a break to use one of these cylinders, two, three at one time. >> causes anxiety attacks. >> i can't concentrate if i have too much energy that i can't control. >> reporter: death can occur when combining caffeine with other drugs. >> my concern is people will take it with alcohol. >> reporter: limit three a day and convenient says the manufacturers. >> it's lemon lime, i like it. pretty practical.

like into the future. >> so we get to do a society wide experiment and see how it turn out, who gets in trouble and who doesn't. >> reporter: unless the fda stops it. health and science editor, john fowler ktvu. >> on our facebook wall tonight we asked if you would try caffeine that can be inhaled. cristina dalton says why would i inhale it if i love the taste of coffee and diet soda so much. and roberto said, i will give it a shot, less calories right. mitt romney spoke about obama in a stop in michigan. >> i want to restore to america the principals that made us the greatest nation on earth. >> reporter: romney accused mr. obama of fighting against religion. the white house called that statement disgreaseful. religion also came up in the rick santorum campaign.

he was asked about a 2008 comment where he said that satan had his sights set on america. >> if you believe in good and evil as a disqualifier for president, we're going to have a small pool of candidate that is can run for president. >> santorum insissed -- insisted he would be a better president because he's a conservative and would stand up for family. the president has said corporate taxes are too high. right now the rate is 35%. but deductions credits and exceptions allow many to get at great. the president said it wants to eliminate tax breaks for companies that move jobs. a report into a vandalism

at a richmond school has gone up now. congressman miller has added $25,000 to the current reward. it'll be august before workers can repair and clean out the toxic chemicals poured in the building. the only clue, the letters d.j. that were left in the building. >> harris ranch said the damage totaled more than $2 million. animal rights activists have claimed responsibility. new details tonight about police response and exactly how

long it took. and back here in 10 minutes, it's going to be another warm day tomorrow. we'll talk about that and we'll look at the long range computer model as we try to find some rain in the next five days. a dramatic rescue on a rugged hillside. why a search and rescue team was there almost instantly. wow, look at this bed! this nightstand! this wardrobe!

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a man who became trapped north of pasadena was lifted to safety by a search and rescue squad who just happened to be practicing near by. the man was climbing the cliff this morning when he got stuck and could not move up or down. another hiker was rescued from the same canyon yesterday. there are questions tonight about a man who was found dead on a san francisco street this

past weekend. apparently he had been lying there for hours injured and no one came to his aid. police say something happened to richard sprague around 2:00 a.m. sunday morning on julian avenue near 15th street. one local paper says neighbors heard him screaming for help but no one called police. ktvu spoke with a woman today who says she saw sprague on the sidewalk when she went for coffee and thought he was homeless. when she return she notices bruises on his face and called police. no airs have been made. berkeley police are offering new details about their response to a man who was beaten. at 8:45 p.m., peter sucor called police on a nonenergy

line to report was a trespasser on his property. police were monitoring an occupy protest and did not respond. at 9:02, sucor's wife called 911 and reported an attack. daniel dewith is currently under arrest for that killing. thousands of people protested against the united states outside bagram air base. the u.s. said it was a mistake and apologized. one official said the inmates were writing extremist messages. this appears to be in reaction to concerns that

israel may strike iran's nuclear facilities. and in france police are questioning former international monetary fund chief dominique strass kahn. hepc killed 15,000 americans in 2007 that same year some 12,700 americans died from hiv related illnesses. hep c is treatable but screening is needed. the estimated 3.2 million americans with chronic

hepatitis infection about half of them don't no it. the fda moved this week to ensure supplies of two vital cancer drugs. the fda has relaxed regulation to allow for rapid production of a preservative free mesotrixate for children. drug manufacturers focused on newer more profitable drugs. coming up next world class sailboats on san francisco bay. but will the america's cup races provide the kind of boost to the bay area that some officials are promising? >> and our chief meteorologist bill martin tracking spring like weather. how warm it will get and how long it'll last in your complete bay area forecast.

the america's cup racing team sailed in san francisco today. there's growing skepticism on how much the city plans to get from the event. >> reporter: the oracle team saáeuled -- sailed in san francisco today. >> i'm not sure san francisco has yet realized how lucky it is to have the america's cup. >> reporter: tomorrow they will review the agreement. that includes fixing up crumbling piers in exchange for development rides. >> we have prepared to give $6 million for the richest man in the world for an event that may not have very high attendance. >> reporter: aaron is one of the residents concerned that the port and san francisco are assuming too much risk. >> i think we might end up

getting stuck with the bill. my hope is that what they're projecting comes true. >> there isn't a blueprint or map on how to do this. >> reporter: by june the city would have spent $9 billion on race preparation. but that they'll be reimbursed for that and then some. >> we have to be able to meet the worse case scenario. >> reporter: the organizing committee says there's a huge poll for upside. those dilapidated parts of san francisco's water sites could end up looking like this. even if not everyone believes it. in san francisco, patti lee, ktvu news. san francisco's municipal marina is said to get a lift before the cup races. some people who lease slips for their boats are upset about proposed new rules for the marina. spaces are expected to be in

high demand. supervisor mark ferrel tells kts ktvu a meeting is set for tomorrow afternoon. go to ktvu.com for more video of the sailing event. you will find the section on the right side near the top of our home page. an expensive shift to digital projectors may shut down theaters. the change is considered a major burden to smaller movie house which is will have to pay $75,000 per screen to go digital. >> the movie business is changing so rapidly. >> what's going to happen is they're going to close. they're going to close it's inevitable. >> reporter: the future of the theaters are up in the air. we found five other theaters in san francisco alone that tell us they may not be able to afford the switch. a heads up tonight for

those who drive on highway 4 in antioch and pittsburg. westbound lanes are scheduled to be closed overnight this wednesday, thursday and friday. eastbound lanes are scheduled to be closed thursday night. detour signs should be in place to direct drivers to alternate routes. san francisco's transportation agency is looking to erase some of its red ink with parking fees. the mta has projected deficits up to $53 million over the next few years. even after slashing it's budget. it also plans to cut salaries and benefits. and checking the fog that was at the coast. most of the day today, a lot of coastal fog out in the avenues of san francisco out by the golden gate bridge. fog out toward montero and pacifica. the fog is going away.

just got off the computer there talking to folks out in the avenues and they have a little bit of fog left right here. a little bit of fog remaining along the coast. tomorrow the winds are going to do this. that's an offshore flow. first thing it does it scours the fog away from the coast. it also lets us know that high pressure is in charge. when high pressure sets up air sinks. that what we have going tomorrow. tomorrow it really sinks. temperatures tomorrow could be in the mid-70s maybe even warmer down toward gilroy and morgan hill. look at the clouds and rotation. watch this again. it's interesting. they're going this way. it's an offshore flow in the upper atmosphere. that upper atmosphere is sinking down to the surface. just know that air is sinking even though there's cloud cover in that area. record rainfalling up in the pacific northwest. that's where we were last year.

that's where the jet stream is. wednesday looks like a nice day, nicest day of the week or thursday could be. because thursday could go mid- 70s as well. wednesday and thursday are going to be a toss up. thursday this is the computer model, nothing. then you get into saturday, sunday. long range model goes dry. that's where we are right now we're in a dry weather pattern with a ridge of high pressure. and the model is picking it up too. when it really starts to sink you don't see cloud cover. that could impact you. if you had fog this morning, you're going to see a little bit of it but less. close your eyes pretend like it's april. it wouldn't be hard. those are 70s. it's february. the five day forecast with your bay area weekend in view does not look like february either. mid-70s. >> mid-70s. >> so it's really something. i guess just enjoy it right.

>> get outside or something. >> get outside. this is an incredible range of weather we've had. >> wow. >> long dry spell. thanks bill. chase bank is working on increasing its presence here in the bay area. the banking giant says it plans to open up to 30 new branches by the end of the year. each bank will create about a dozen new jobs. last year chase opened eight new bay area locations. robert david taylor died when he fell into a sink hole at the oil field in taft. cal osha found no violations but did issue a fine to the company for failing to write

procedures for employees in the bayarea. buster posey returns to the practice field. will he be ready to return? he answers that question in an unexpected way. . sometimes the door gets stuck... oh sure. ooh! [ man ] ...and then, i didn't. um... [ sighs ] [ man ] so, i got a car i can love a really, really long time. [ male announcer ] for the road ahead, the all-new subaru impreza®. ♪ experience love that lasts.

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that can help lower cholesterol and who ordered the yummy cereal? yummy. that's yours. lower cholesterol. lower cholesterol. i'm yummy. lower cholesterol. i got that wrong didn't i? [ male announcer ] want great taste? honey nut cheerios. want whole grain oats that can help lower cholesterol? honey nut cheerios. it's a win win. good? [ crunching, sipping ] be happy. be healthy. can i try yours? it's like deja vu, we were just talking about this last night. a bad road trip for the sharks

and it happened again. >> in reality if the sharks were say in the central division of the nhl they would be in next to last place and probably playing their worse hockey. not an exaggeration say in the last five years. losing to a team that is in the end, columbus. quick departure, he's lifted 11 shots, he gives up three goals tonight out of there. the sharks look to come alive briefly in the second period. they cut the deficit to 4-2. jeff carter for columbus, the hat trip as he gets it through. and you see the final 6-3. sharks are 1-4-1 on this road trip. the girls come out in columbus

to pick up all the fans hats. they love when that happens. the giants roster probably has more question marks than the riddler jump suit. at the top of the list can buster posey return to the line up on a regular basis and be the portion he was as a rookie. one thing for sure he won't be blocking a plate any longer. management said it, and he goes along with it. >> i wasn't blocking the plate to begin with. but i think i have to be as instinctial. for one they beat one of the best teams in the league. secondly when udhoh it looked

like one of those catastrophic hits but just a strain. looks ever bit the part of a first round draft pick. finally. >> it was a good game. we had like two defensive rebounds. i know we got -- i have to get better at that. i'm just trying to do what i've always done. just bring the energy and take what comes to me. sometimes they are the team that people love to hate but the heat can bring it. look at lebron. great drive then to dwayne wade who put it down. the block, and in one motion perfectly from the chest. two hand pass and they win easily. that's the sporting life for a tuesday day night. >> they make it look so easy. >> they sure do. and it is so difficult. >> especially that guy. >> that was incredible. thanks mark. and thank you for trusting

the ktvu evening news. find out if caltrans gets those metering lights to work properly. we're always here for you on ktvu.com and mobile ktvu.